Some of Our Findings.

We knew there were problems, we just didn't realize how many.

Following are excerpts from some of the TitleTracs Reports we've completed on both residential and commercial properties.

Nearly EVERY investigation we've done has resulted in uncovering some sort of problem(s) in the Chain of Title warranting the need to clear title. Identifying information has been kept anonymous to insure the privacy and confidentiality of our clients.

Case #1

A client was filing bankruptcy as a result of a foreclosure. After thorough investigation, TitleTracs found several serious problems that clouded his title. An Assignment that transferred ownership of his Note in to a Trust was done 2 years and 6 months AFTER the Trust had closed, rendering the foreclosure illegal.

Additionally, several other documents were signed by known robo-signers. The "lender" who initially wrote the Note was also not licensed to do business in FL at the time rendering the Note voided under FL Statutes. This title is unmarketable and the present owners never received clear title.

Case #2

TitleTracs discovered that a Reconveyance was recorded in 2010 by a lender that stopped doing business in 1962. It was then learned that the same person who signed the fraudulent reconveyance also signed another foreclosure document as a Vice President for a large lender one month later.

Case #3

Client wanted to have a property that had been in the family for over 40 years, TitleTracs Certified. As there was no mortgage and nothing was done with the property for quite some time, we expected it to come up clear. However, after investigation it was learned that the NEIGHBOR's foreclosure and loan modification had been misfiled by the Clerk & Recorder's office into our client's land records. It did not require an action to quiet title, but it was a problem that needed to be fixed immediately. TitleTracs contacted the Recorder's office, provided them with our findings and the problems were immediately fixed.

Case #4

A Lost Note “was found” in 1999. TitleTracs questioned how a Final Judgment of Foreclosure dated a full 12 days BEFORE finding the “original Note” was possible, while a second judgment was was also still pending after the fact. Additionally, an Assignment to the foreclosing party was recorded 2 months AFTER the Final Judgment of Foreclosure was recorded. This calls into question the validity of these documents and the clarity of title.

Case #5

An Assignment was written and recorded in 2011, over 5 years AFTER the close of the Trust in which it was assigned into. Additionally, as this was a Countrywide loan that was bought by Bank of America in 2008, a supervisor for Bank of America Home Loans admitted under oath in a deposition that the original notes were never transferred from Countrywide into the trusts causing a break in the Chain of Title. Deposition was included as evidence in the TitleTracs Report.

An Assignment was signed and witnessed by a Notary. It did not meet proper notarization protocol. The notarization appears on a 2nd page of the Assignment. It does not meet the requirements of a “Loose Certificate” by the American Notary Association, as there was enough room on the first page under the signatures for it to be placed, thereby not requiring a Loose Certificate to have to be affixed to the document. The signature 2nd page has no reference to the event on the first page and could easily have been added at any time after the fact. This calls into question clarity of title.

Sadly, we are seeing so many stories just like these everyday and it never ceases to amaze us that none of them were caught in a standard title search. These issues are NOT something a title company investigates or even covers but will cloud title just the same.

Know if your property is truly yours. Start by ordering your TitleTracs Report today!